REVISED AGENDA

 

MONROE COUNTY BOARD OF COUNTY COMMISSIONERS

 

Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard.   Such information shall be on a card provided by the County.  Once public input begins, there will be no further speaker cards allowed to be submitted to the Clerk for that subject.   An individual has three minutes and a person representing an organization has five minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes).  The first person representing the organization will be allowed the five minutes.  Subsequently, all other speakers on behalf of that organization have three minutes to address the Board.  Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow-up comments, unless the issue involved is quasi judicial in nature.  In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. 

 

 

Please note that all time approximate items are listed in bold.

 

Wednesday, January 18, 2006                                                                      

The Harvey Government Center

at Historic Truman School

1200 Truman Avenue

Key West, Florida

 

   9:00A.M. - Regular Meeting                                                                                     

 

10:00 A.M .- Land Authority Governing Board                                                                                                                                 

  3:00 P.M. - Public Hearings                                                                                       

 

  5:01 P.M. - Public Hearings                                                                                       

 

 

TIME APPROXIMATE                     REGULAR MEETING                              

 

9:00 A.M.        CALL TO ORDER

                        INVOCATION

                        SALUTE TO FLAG

 

                        A.        ADDITIONS, CORRECTIONS, DELETIONS

 

 

 

 

                        B.         PRESENTATION OF AWARDS

1.         Presentation of Years of Service Award for 20 years of service to Monroe County to William Wright, Heavy Equipment Operator, Road Department, Public Works Division. VIEW

 

 

C.        BULK APPROVALS – COMMISSIONER NEUGENT

1.         Approval to enter into a 60 month lease agreement with Xerox for a new Work Centre Pro 3545 for 60 months at $540.55 per month to replace the copier currently being used at Emergency Services. This lease agreement is a State of Florida contract with Putnam County MAC Contract 071736301. VIEW

2.         Approval of a Memorandum of Understanding (MOU) for Expenditure of Local Government Unit Funding for Florida Type II Technical Rescue Resource (Light Technical Rescue Team) from 2005 Domestic Preparedness Grant State Homeland Security Grant Program between the Florida Department of Financial Services, Division of State Fire Marshal (SFM), and Monroe County BOCC for its Fire Rescue Department.  Funds are to be used for planning, equipment, training, exercise and management, administrative purchases, and activities in Domestic Preparedness. VIEW

3.         Approval to waive purchasing policy requiring bid process and issue a purchase order to Wheeled Coach Industries, Inc. in the amount of $113,530.00 for the purchase of one 2006 Ford XLT F-450 Type I Ambulance by piggy-backing the Florida Sheriffs Association and Florida Association of Counties vehicle/equipment bid contract (05-06-0823) Specification #01. VIEW

4.         Approval of lease agreement with the U.S. Government for the Upper Air Inflation Building site for the National Weather Service at the Key West International Airport. VIEW

5.         Approval of Purchase Service Order with URS for Key West International Airport Hurricane Damage Assessment. VIEW

6.         Approval of Purchase Service Order with URS for Florida Keys Marathon Airport Hurricane Damage Assessment. VIEW

7.         Approval for Chesapeake Bay Helicopters (CBH) to occupy space at the Key West International Airport on a month to month basis until a formal lease can be drafted. VIEW

8.         Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW

9.                  Approval to amend The Adopted Fiscal Year 2006’s Capital Plan funding allocations for funds 304 and 307. Approval of a resolution for the transfer of funds within said plan. VIEW

10.       Approval of contract with Florida Healthy Kids Corp., whereby Monroe County provides match for Healthy Kids program. VIEW

C.        BULK APPROVALS – CONTINUED

11.       Approval to create two (2) new positions to operate the storm water drainage system program. VIEW

12.       Approval to increase Facilities Maintenance Custodian position PWFM078 from part time (24/hpw) to full time (40/hpw). VIEW

13.       Approval to extend contract with G&K Services on a month-to-month basis for Uniform Services for the Division of Public Works. VIEW

14.       Approval of a Memorandum of Understanding for APS (Adult Protective Services) Referrals between Monroe County Board of County Commissioners (In-Home Services), The Alliance for Aging (Aging and Disability Resource Center/Aging Resource Center, Area Agency on Aging for Miami Dade and Monroe Counties) and the Department of Children and Families. VIEW

15.       Approval of Amendment #005 to OAA Contract #AA-529 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services. VIEW

16.       Approval of Receipt of monthly report on Change Orders reviewed by the County Administrator. VIEW

17.       Approval to rescind agreement as approved on March 17, 2004 and enter into a revised Addendum 1 to Memorandum of Agreement associated with a Joint Participation Agreement with the Florida Department of Transportation for an additional $180,000.00 for the project described as CR5-A/Flagler Avenue in Key West. VIEW

18.       Approval to use Park Impact Fees (District 2) for new roadside parks on existing roads to include picnic benches and landscaping. VIEW

19.       Approval of Request and approval to use all available Park Impact Fees (District 1), current amount is $771,224 for Big Pine Key Community Park, a new park which will include active recreation on nine acres. VIEW

20.       Approval to use Transportation Impact Fees (District 2) for Duck Key Recreational Pathway, a new path along the commercial section of Duck Key Drive which includes lighting and landscaping. VIEW

21.       Approval to use Transportation Impact Fees (District 3 and Countywide) for new path along the utility easement of C 905 from US 1 to Card Sound Road. VIEW

22.       Approval to advertise a public hearing concerning a budget amendment for the General Fund, fund 001. VIEW

23.       Approval of second-year contract renewal with Preferred Governmental Claims Solutions (PGCS) for third party administration of the Workers’ Compensation Program. Current contract expires September 30, 2005. VIEW

 

C.        BULK APPROVALS – CONTINUED

24.       Approval to pay Royal Plus Disaster Kleenup invoice in the amount of $67,414.32, for emergency services performed for the Key West International Airport due to damages caused by hurricane Wilma. VIEW

25.       Approval of Ratification of emergency purchase order issued to Williams Scotsman for two (2) temporary modular office units to house employees of the Sheriff’s Administrative Building due to Hurricane Wilma repairs. VIEW

26.       Approval to pay invoices to JGT Transportation, Inc. for services provided during Hurricane Wilma recovery period. VIEW

27.       Approval of Ratification of Purchase Order # 00008602 to Charley Toppino & Sons, Inc. in the amount of $299,375.00 for emergency road repairs due to Hurricane Wilma. VIEW

28.       Approval to increase the costs per stop by $10.00 each for courier service taking it from $180.00 to $190.00 per stop. This is due to the rising cost of fuel. VIEW

 

 

D.        TOURIST DEVELOPMENT COUNCIL

1.                  BOARD OF COUNTY COMMISSIONERS – Announcement of one vacant position on the Tourist Development Council District I Advisory Committee for an “At Large’ appointment. VIEW

2.                  BOARD OF COUNTY COMMISSIONERS – Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee for an “At Large” appointment. VIEW

3.                  Approval of an Amendment to Agreement with the Florida Keys History of Diving Museum, Inc. to revise dates of Agreement and Exhibit A relating to budget expenditures. VIEW

4.                  Approval of an Amendment to Agreement with Charlotte Ambrogio to revise dates of event from July 11-13, 2006 to July 18-20, 2006. VIEW

5.                  Approval of an Amendment to Agreement with Conch Republic Offshore Power Boat Racing Association, Inc. to revise the scope of services for the Key West World Championship Race on November 13-20, 2005. VIEW

6.                  Approval to rescind funding Agreement allocation for Marathon Garden Club, Inc. VIEW

7.                  Approval of a Turn Key Funding Agreement with Middle Keys Events Council, Inc. covering the Marathon Offshore Grand Prix on May 11-14, 2006 in an amount not to exceed $74,941, DAC III, FY 2006 Event Resources. VIEW

8.                  Approval of an Amendment to Agreement with The Key Players, Inc. to revise their Exhibit A – Schedule of Events. VIEW

 

                                                                                                                                   

D.        TOURIST DEVELOPMENT COUNCIL - CONTINUED

9.                  Approval of an Amendment to Agreement with Executive Adventures, Inc. covering the World Sailfish Championship to revise Exhibit B of the Agreement. VIEW

 

 

 

E.         STAFF REPORTS

1.         COMMUNITY SERVICES

2.         EMPLOYEE SERVICES                   

3.         PUBLIC WORKS

4.         EMERGENCY SERVICES

5.         AIRPORTS

6.         GROWTH MANAGEMENT 

7.         ENGINEERING

8.         BUDGET & FINANCE

9.         HOUSING & COMMUNITY DEVELOPMENT

           

 

ADJOURNMENT

 

10:00 A.M.    F.          LAND AUTHORITY GOVERNING BOARD

1.         Approval of minutes for the December 21, 2005 meeting. VIEW

           

ADJOURNMENT

 

 

G.        DIVISION OF GROWTH MANAGEMENT – BULK APPROVALS

1.      Approval of Charles E. Miller to serve one three year term on the Contractors’ Examining Board as the second alternate voting member.  VIEW

2.      Approval to reappoint Edward Werling to one additional three year term to the Contractors’ Examining Board beginning January 2006. VIEW

3.      Approval of Daryl L. Osborn, P.E. and Carl H. Schror to serve a three year term as engineers to the Board of Adjustment and Appeals Committee. VIEW

4.      Written Litigation Report DELETE

 

 

H.        DIVISION OF GROWTH MANAGEMENT

2:00 P.M.                    1.         Approval of Update to the Board concerning the Comprehension Everglades Restoration Plan presented by Tom Van Lent of the Everglades Foundation. VIEW

               

 

I.          COMMISSIONERS’  ITEMS

1.                  MAYOR MCCOY - Approval of authorization to waive the $650.00 Administrative Variance fee for Laurence and Alona Marius. VIEW

2.         MAYOR MCCOY – Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida in recognition of the late COLONEL FRANK BUTLER. VIEW

11:30 A.M.                 3.         COMMISSIONER NEUGENT - Discussion of the results of a study presented to the Board of County Commissioners May 19, 2004 by The Concerned Citizens of the Lower Keys. VIEW

4.         COMMISSIONER NEUGENT -Approval from the Board of County Commission to advertise a public hearing for Animal Control Ordinance(s) to facilitate habitat/species protection on Big Pine Key and Lower Keys as required by USF&W in the Habitat Conservation Plan. VIEW

5.         COMMISSIONER NEUGENT – Approval of Reconsideration of support by the Board of County Commissioners to demo and use fill from Crane Blvd. extension for Sugarloaf School Park. VIEW

6.         COMMISSIONER RICE – Update report on progress regarding the new Joint Marathon Library construction project with the City of Marathon. VIEW

7.         COMMISSIONER RICE – Approval of Resolution to support efforts of the Historic Florida Keys Foundation to include the Old Seven Mile Bridge in America’s eleven most endangered historic places of the National Trust for Historic Preservation. VIEW

8.         COMMISSIONER SPEHAR – Approval of Resolution of the Board of County Commissioners in recognition of the late Leonard H. Knowles. VIEW

9.         COMMISSIONER SPEHAR – Approval of the appointment of Larry Hirsch to the Key West International Airport Ad Hoc Committee on Noise. VIEW

10.       COMMISSIONER SPEHAR – Announcement of invitation is extended to the Board of County Commissioners to attend the Annual Joint Meeting of the Library Board/Friends of Library Groups, to take place in the BOCC room of the Marathon Government Center. The meeting is scheduled for March 21st, 2006 at 10:30 a.m. VIEW

11.       COMMISSIONER NELSON – Approval of Amendment to Employee Agreement with Thomas J. Willi, County Administrator, raising the County Administrator’s base salary by 4% to reflect current pay to other municipal administrators. VIEW

12.       COMMISSIONER NELSON – Approval of a resolution commending County administration and staff for hard work, facing challenges of 2005, with good humor. VIEW

 

I.          COMMISSIONERS’  ITEMS - CONTINUED

13.       COMMISSIONER SPEHAR – Discussion of a request from Bounty Fisheries, Inc. to enter into a development agreement with Monroe County and the Florida Department of Community Affairs under Chapters 163 and 380, Florida Statutes, and, if appropriate, to provide direction to staff. VIEW

14.       COMMISSIONER RICE – Approval of Sherri Popham to fulfill the term of District 4 Planning Commission appointee, Mr. Lynn Mapes. VIEW

 

 

 

J.          COUNTY CLERK

1.         Report

2.         Official approval of the Board of County Commissioners minutes from the November 15 & 16, 2005 meetings (previously distributed).

3.         Approval of TDC expenditures for the month of December, 2005. VIEW

4.         Approval to remove surplus equipment from inventory via disposal. VIEW

5.         Approval of Consideration by the Board to rescind approval of Sheriff’s Department Deputies and Corrections Officers Wage Plan, FY 2005-2007. VIEW

 

 

 

 

 

K.        COUNTY ADMINISTRATOR

1.         Report VIEW

2.         Approval of Authorization to pursue purchase of Geiger Key Marina and spend funds for appraisals. VIEW

11:00 A.M.                 3.         Presentation by South Florida Water Management District (SFWMD) Executive Director, Carole Wehle. VIEW

 

 

 

                                                               

L.         COUNTY ATTORNEY

1.         Report – Written Litigation Report. VIEW

2.                  Approval of payment to Paul, Hastings, Janofsky & Walker, LLP for professional legal services by Robert H. Freilich rendered in the amount of $161,135.02 (Invoice #1464942 [$53,896.41], Invoice #1468428 [$70,682.33] and Invoice #1481838 [$36,556.28]). VIEW

 

L.         COUNTY ATTORNEY - CONTINUED

3.                  Approval of continued legal representation by Robert H. Freilich, Esq. of Paul, Hastings, Janofsky & Walker, LLP in the cause of Galleon Bay Corp. v. BOCC v. State of Florida, CAK-02-595, and payment for professional legal services rendered to date in the amount of $42,787.11 (Invoice #1481876). VIEW

4.                  Approval of payment to White & Smith, LLC. for professional legal services rendered in the amount of $68,210.42 (Their Invoices #222 and #239). VIEW

5.                  Approval of payment of hourly rate increase from $145 per hour to $155 per hour for attorneys and from $65 per hour to $75 per hour for paralegals effective October 1, 2005 for professional legal services provided by Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, P.A. VIEW

6.                  Approval of payment of hourly rate increase from $225 per hour to $250 per hour, retroactive to March 21, 2005, for professional legal services provided by Ira L. Libanoff, Esq. VIEW

7.                  Approval of a resolution elaborating on Resolution 493A, setting forth matters to be protected in legislation to remove designation as Area of Critical State Concern from Monroe County. VIEW

8.                  Approval on First Amendment to Standard Legal Services Agreement with Jerry Coleman, Esq. to provide for John Rockwell, Esq. to assist Mr. Coleman in providing legal services to the County. VIEW

9.                  Approval of a Resolution declaring recommendations of the Special Master on applications for removal of properties from Conservation and Natural Area (CAN) designation moot and authorizing property owners who participated in the CNA hearings the option of utilizing and incorporating the record created before Special Master in public hearings of the BOCC for adoption of Tier designations or future appeals regarding same. VIEW

10.              Approval of settlement agreement in Board of County Commissioners of Monroe County v. Jack Hagopina v. Gordon Huglan d/b/a Elevators, Dtc. And EMR Accessibility, Inc. and Gordon Huglan, an individual, Case No. 44-2003-CA-529-PK. VIEW

11.              Approval of Rejection of settlement offer by Defendants to settle Monroe County v. Dorothy Hough, et al, CA K 05-667 for $4,55 and authorization for County Attorney’s office to make counter for no less than $12,470.00 plus all costs and fees incurred at the time of settlement. VIEW

 

 

 

 

 

 

 

 

 

3:00 P.M.        M.       PUBLIC HEARINGS

1.                  Approval of Amendment to Monroe County Code Section 9.5-4(C13.1) (C-13.2), (C-14), (C-23.1), (M14.1), (O-7.1), (S-11.1), Section 9.5-124(b) and Section 9.5-235(a)(8), revising and clarifying storage provisions and deleting storage areas as a permitted use in the Sub Urban Commercial (SC) land use district.(Second of two public hearings) VIEW

2.                  A public hearing to consider an amendment to the Future Land Use Map (FLUM) from Residential Low (RL)  to Public Buildings/Grounds (PB) for the County owned property at MM 102 on US1, Re#00543060-000000.(Second of two public hearings) VIEW

3.                  A public hearing to consider an application submitted by Dr. Tracey M. Baker to appeal the denial of an After-the-Fact building permit application #051-3669 to remove drywall and install cement board in a pre-FIRM ground level building.(1st of one public hearing) VIEW    AT THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN WITHDRAWN AND STAFF CONCURS.

4.                  A public hearing to consider a resolution to extend the zoning in progress deferring the acceptance and processing of development applications and the issuance of development approvals for the redevelopment or conversion of ten units or more of multi-family rental housing and/or mobile home parks and continuing this policy until Land Development Regulations are adopted by the County Commission, and providing for expiration within three months after the expiration of resolution no. 320-2005, whichever comes first. (1st of one public hearing) VIEW

5.                  A public hearing to consider an ordinance to create Section 9.5-123.1 and revise Section 9.5-4 and Section 9.5-266 (Affordable Housing) of the Monroe County Land Development Regulations.

            The Planning Department is requesting that this item be continued to the February 15, 2006 Board of County Commissioner’s meeting at the Key Largo Library in Key Largo because the Planning Commission is still considering this item. VIEW

 

 

 

 

 

 

5:01 P.M.        N.        PUBLIC HEARINGS

1.                  A public hearing to consider an ordinance amending the Monroe County Land Development Regulations by creating Section 9.5-260.3, which establishes the Big Pine and No Name Keys Formula Retail Overlay District and adopts by reference the Big Pine and No Name Keys Formula Retail Overlay District Map(1st of two public hearings) VIEW

 

 

 

 

 

 

O.          SOUNDING BOARD

2:30 P.M.                     1.        Request to speak to Board of County Commissioner on an Amendment to the Land Development Regulations – Mr. Jim McClane. VIEW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           

 

ADA Assistance:  Anyone needing special assistance at the Board of County Commissioners’ meeting due to a disability should contact the County Administrator’s office at 292-4441 by 12:00 p.m. on Friday, January 13, 2006.